USPTO issues new section 101 guidelines for use until Supreme Court decides Bilski v. Doll This week the USPTO has issued new guidelines to patent examiners on how to handle § 101 patentable subject matter issues in light of the Federal Circuit's ruling in In re Bilski. The guidelines are distilled into two flow charts and an instructional memo to examiners on how to conduct the analysis. Click below to […] Continue Reading →
Federal Circuit to consider whether a separate written description requirement exists in section 112 In an en banc order Friday, the Federal Circuit announced it will rehear Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. en banc to consider whether there is a written description requirement in § 112 separate and apart from the enablement requirement. Specifically, the questions presented are: Whether 35 U.S.C. § 112, paragraph 1, contains […] Continue Reading →